Larry Brown v. State of Tennessee

Petitioner, Larry Brown, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief, in which he alleged that his trial counsel was ineffective for failing to “ensure the enforcement of a plea agreement promising concurrent service of Petitioner’s state and federal sentences.” Upon review, we conclude that the petition was filed outside the one-year statute of limitations applicable to post-conviction proceedings. However, because we are unable to determine from the record whether due process requires the tolling of the statute of limitations, we vacate the post-conviction court’s order and remand the case to the
post-conviction court for a determination of whether due process tolling applies.